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5. WAIVER OF CLASS ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE
THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN
INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR CLASS ARBITRATION.
If any court or arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an arbitration can
proceed on a class basis, then the arbitration provision set forth herein shall be
deemed null and void in its entirety and the parties shall be deemed to have not
agreed to arbitrate disputes.
6. Arbitration Procedure. If you or Epson commences arbitration, the arbitration shall
be governed by the JAMS Streamlined Arbitration Rules and Procedures or the
applicable rules of JAMS that are in effect when the arbitration is filed, excluding
any rules that permit arbitration on a class-wide basis (the "JAMS Rules"), available
at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set
forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator,
which shall be selected in accordance with the JAMS Streamlined Arbitration Rules
and Procedures, and both parties shall have a reasonable opportunity to participate
in the selection of the arbitrator. The arbitrator is bound by the terms of this
Agreement. The arbitrator, and not any federal, state, or local court or agency,
shall have exclusive authority to resolve all disputes arising out of or relating to
the interpretation, applicability, enforceability, or formation of this Agreement,
including any claim that all or any part of this Agreement is void or voidable.
Notwithstanding this broad delegation of authority to the arbitrator, a court may
determine the limited question of whether a claim or cause of action is for an IP
Claim, which is excluded from the definition of "Disputes" in Section D(1) above.
The arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity. In some instances, the costs of arbitration can exceed
the costs of litigation, and the right to discovery may be more limited in arbitration
than in court. Each party will have the right to use legal counsel in connection
with arbitration at its own expense. The arbitrator's award is binding and may be
entered as a judgment in any court of competent jurisdiction. You may choose
to engage in arbitration hearings by telephone or, if you and we both agree, to
conduct it online, in lieu of appearing live. Arbitration hearings not conducted by
telephone or online shall take place in a location reasonably accessible from your
primary residence, or in Orange County, California, at your option.
a. Initiation of Arbitration Proceeding. If either you or Epson decides to arbitrate a
Dispute, both parties agree to the following procedure:
i. Write a Demand for Arbitration. The demand must include a description
of the Dispute and the amount of damages sought to be recovered. You
can find a copy of a Demand for Arbitration at http://www.jamsadr.com
("Demand for Arbitration").
ii. Send three (3) copies of the Demand for Arbitration, plus the appropriate
filing fee, to: JAMS, 500 North State College Blvd., Suite 600, Orange, CA
92868, U.S.A.
iii. Send one (1) copy of the Demand for Arbitration to the other party (at
the same address as the notice of a dispute, above in Section D(2)), or as
otherwise agreed by the parties.
b. Hearing Format. During the arbitration, the amount of any settlement
offer made shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or Epson is entitled. The discovery
or exchange of non-privileged information relevant to the Dispute may be
allowed during the arbitration.
7. 30 Day Opt-out Right. You may elect to opt-out (exclude yourself) from the final,
binding, individual arbitration procedure and waiver of class proceedings set forth
in Section D of this Agreement by sending a written letter to the Epson address
listed above in Section D(2) within 30 days of your assent to this Agreement
that specifies (i) your name, (ii) your mailing address, and (iii) your request to
be excluded from the final, binding, individual arbitration procedure and waiver
of class proceedings specified in this Section D. In the event that you opt-out
consistent with the procedure set forth above, all other terms set forth in the
Agreement shall continue to apply, including the requirement to provide notice
prior to litigation. If you opt-out of these arbitration provisions, Epson will also not
be bound by them.
8. Amendments to Section D. Notwithstanding any provision in this Agreement to
the contrary, you and Epson agree that if Epson makes any future amendments to
the dispute resolution procedure and class action waiver provisions (other than a
change to Epson's address) in this Agreement, Epson will obtain your affirmative
assent to the applicable amendment. If you do not affirmatively assent to the
applicable amendment, you are agreeing that you will arbitrate any Dispute
between the parties in accordance with the language of this Section D (or resolve
disputes as provided for in Section D(7), if you timely elected to opt-out when you
first assented to this Agreement).
9. Severability. If any provision in this Section D is found to be unenforceable, that
provision shall be severed with the remainder of this Agreement remaining in full
force and effect. The foregoing shall not apply to the prohibition against class
actions as provided in Section D(5). This means that if Section D(5) is found to be
unenforceable, the entire Section D (but only Section D) shall be null and void.
E. DISCLAIMER OF WARRANTIES:
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES
ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE. UNLESS STATED HEREIN,
ANY STATEMENTS OR REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM
ARE VOID. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED
WARRANTIES LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
F. EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY:
IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, COST OF
SUBSTITUTE EQUIPMENT, DOWNTIME, CLAIMS OF THIRD PARTIES, OR INJURY TO
PROPERTY, RESULTING FROM THE USE OR INABILITY TO USE THE EPSON PRODUCT,
WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY.
IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND
IN EXCESS OF THE ORIGINAL RETAIL PURCHASE PRICE OF THE PRODUCT. SOME STATES
DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
G. Other Provisions:
1. Other Rights You May Have: This Limited Warranty gives you specific legal rights,
and you may also have other rights which vary from jurisdiction to jurisdiction.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to you.
2. Governing Law: Except for claims subject to arbitration pursuant to Section D, you
and Epson agree that the law of the state or country where you reside shall govern.
3. Jurisdiction: Except for claims subject to arbitration pursuant to Section D, in the
event of a dispute you and Epson both consent to the jurisdiction of the courts
in your state of residence or, if you do not reside in a state, then of the courts in
Orange County, California.
To find the Epson Authorized Reseller nearest you, please visit www.epson.com in the U.S.
or www.epson.ca in Canada.
To find the Epson Customer Care Center nearest you, please visit
www.epson.com/servicecenterlocator in the U.S. or www.epson.ca/servicecenterlocator in
Canada.
To contact the Epson Connection
, please call (800) 637-7661 or (562) 276-4394 in the U.S.
SM
and (905) 709-3839 in Canada, or write to Epson America, Inc., P.O. Box 93012, Long Beach,
CA 90809-3012.
EPSON is a registered trademark and EPSON Exceed Your Vision is a registered logomark of Seiko Epson
Corporation.
PrivateLine is a registered trademark and Epson Connection is a service mark of Epson America, Inc.
HDMI, the HDMI Logo, and High-Definition Multimedia Interface are trademarks or registered trademarks of
HDMI Licensing Administrator, Inc.
Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.
Mac is a trademark of Apple Inc., registered in the U.S. and other countries.
General Notice: Other product names used herein are for identification purposes only and may be trademarks of
their respective owners. Epson disclaims any and all rights in those marks.
This information is subject to change without notice.
© 2021 Epson America, Inc., 7/21
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